The Freedom of Information Act (FOIA), 5 U.S.C. § 552, provides the public with the right to request access to records maintained by federal agencies, subject to certain exemptions and exclusions established by law.
The U.S. Department of Health and Human Services (HHS) is responsible for processing FOIA requests for records maintained by HHS and its applicable offices and operating divisions.
How to Submit a FOIA Request
If you are seeking records maintained by the U.S. Department of Health and Human Services, you may submit a FOIA request through the federal government’s FOIA.gov portal.
Submit a FOIA request through FOIA.gov.
A FOIA request should:
- Be made in writing;
- Reasonably describe the records you are seeking;
- Identify the HHS office, program, activity, or subject matter associated with the requested records, when known;
- Provide sufficient detail to allow HHS to identify and locate the requested records; and
- Include your contact information so that HHS can communicate with you regarding your request.
There is no specific form that must be used to make a FOIA request. HHS recommends submitting requests electronically through FOIA.gov.
What Can Be Requested?
FOIA generally provides access to existing agency records. A request may include records relating to government programs, policies, decisions, contracts, correspondence, reports, administrative activities, and other records maintained by HHS.
FOIA does not generally require an agency to:
- Create a new record in response to a request;
- Conduct research or analysis for a requester;
- Answer questions that do not seek existing agency records; or
- Provide records that are not maintained by the agency.
For the most effective response, requesters should describe the specific records they are seeking rather than asking general questions about a topic.
Fitness.gov Records
Fitness.gov is operated as part of the U.S. Department of Health and Human Services.
Records relating to the Presidential Fitness School Innovation Challenge, including records concerning the administration, policies, communications, and operation of the Challenge, may be subject to FOIA to the extent that the records are maintained by HHS and are not otherwise exempt from disclosure.
A request for Fitness.gov records should identify the subject matter, date range, program, and type of records being requested as specifically as possible.
For example, a requester may ask for:
Records concerning the administration of the Presidential Fitness School Innovation Challenge from January 1, 2026 through December 31, 2026, including policies, procedures, guidance documents, contracts, communications, and reports concerning the administration of the Challenge.
Providing specific dates, names, programs, document types, and other identifying information can help HHS conduct a more efficient search.
FOIA Exemptions
Although FOIA establishes a broad right of public access to federal agency records, certain information may be withheld under one or more statutory exemptions or exclusions.
Examples include information involving:
- Classified national security information;
- Personal privacy;
- Certain confidential commercial or financial information;
- Certain law enforcement records;
- Privileged internal agency communications; and
- Other information protected from disclosure by federal law.
When appropriate, HHS may release portions of a record while withholding information that is protected under a FOIA exemption.
HHS identifies the applicable FOIA exemption when information is withheld from a responsive record.
Fees
There is generally no initial fee simply to submit a FOIA request.
Depending on the type of requester and the services required to process the request, HHS may charge fees for searching for, reviewing, or duplicating records.
HHS divides FOIA requesters into fee categories, including commercial-use requesters, news media/educational/scientific requesters, and other requesters. Different fee rules apply to each category.
Requesters may specify a maximum amount they are willing to pay for processing their request. If a requester does not specify a fee limit, HHS may treat the requester as willing to pay applicable fees incurred in processing the request. HHS states that it will notify requesters when estimated fees exceed applicable thresholds.
Fee Waivers
A requester may ask that applicable FOIA fees be waived.
Fee waivers are generally limited to circumstances where disclosure is in the public interest because it is likely to contribute significantly to public understanding of government operations or activities and is not primarily in the commercial interest of the requester.
Privacy and Personal Information
FOIA contains protections for certain information about individuals.
HHS may withhold information when disclosure would constitute a clearly unwarranted invasion of personal privacy or when another FOIA exemption or federal law protects the information.
Accordingly, responsive records may contain redactions of names, contact information, or other personally identifiable information when required or permitted by law.
If you are requesting records about yourself, you may also have rights under the Privacy Act of 1974.
HHS explains that Privacy Act requests concern records about individuals that are maintained in applicable systems of records. Depending on the circumstances, HHS may process a first-party request under both the Privacy Act and FOIA.
FOIA Processing
After receiving a FOIA request, HHS assigns the request to the appropriate FOIA office or program area for processing.
HHS will search for records that are reasonably described in the request and review responsive records to determine what information may be released.
If responsive records contain information protected from disclosure, HHS may redact the protected information while releasing the remainder of the record when reasonably segregable.
HHS may also determine that:
- No responsive records were located;
- The request needs additional clarification;
- The request should be referred or transferred to another federal agency;
- The requested material is already publicly available;
- The requested material is not an agency record subject to FOIA; or
- Some or all of the requested information is exempt from disclosure.
Appeals
If HHS denies a FOIA request in whole or in part, the requester may have the right to appeal the determination.
HHS provides appeal information with FOIA response letters and identifies the applicable appeal procedures and deadlines.
Additional information about FOIA appeals is available through HHS.
FOIA Contact Information
For questions about the HHS FOIA process, you may contact:
U.S. Department of Health and Human Services
Office of the Secretary Freedom of Information Act Office
Hubert H. Humphrey Building
Room 729H
200 Independence Avenue, SW
Washington, DC 20201
Phone: 202-690-7453
FOIA Questions: FOIARequest@hhs.gov
HHS recommends submitting new FOIA requests electronically through FOIA.gov.
Additional FOIA Information
For more information about the Freedom of Information Act, HHS FOIA procedures, exemptions, FOIA contacts, and previously released records, please visit the official HHS FOIA resources.
HHS Freedom of Information Act:
https://www.hhs.gov/foia/
Submit or Check the Status of a FOIA Request:
https://www.hhs.gov/foia/request/
FOIA.gov:
https://www.foia.gov/
Freedom of Information Act (FOIA)
U.S. Department of Health and Human Services
Office of the Secretary
